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Sub. H. B. No. 128 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Carey, Peterson
Cosponsors:
Representatives Balderson, Combs, Kozlowski, Slaby, Hollington, Maag, Antonio, Boose, Grossman, Derickson, Amstutz, DeGeeter, Ruhl, Anielski, Baker, Barnes, Beck, Blair, Blessing, Bubp, Butler, Carney, Clyde, Fedor, Fende, Gardner, Garland, Gentile, Gerberry, Gonzales, Goyal, Hackett, Hagan, C., Hall, Hottinger, Johnson, Letson, Luckie, Lundy, Mallory, McClain, Mecklenborg, Milkovich, Newbold, O'Brien, Patmon, Phillips, Roegner, Rosenberger, Sears, Sprague, Stebelton, Stinziano, Thompson, Uecker, Wachtmann, Weddington, Williams, Winburn, Young Speaker Batchelder
Senators Patton, Coley, Schiavoni, Turner, Wilson, Bacon, Daniels, Hite, Hughes, LaRose, Manning, Obhof, Sawyer, Schaffer, Stewart, Tavares
A BILL
To amend sections 505.44, 505.84, 3743.75, 4765.07,
4765.43, and 4766.03, to enact sections 505.441
and 4765.011, and to repeal section 4765.431 of
the Revised Code to revise the requirements for
staffing ambulances and the priorities for
distributing grants for emergency medical
services, and to specify additional titles to be
used by emergency medical service personnel; and
extends until December 15, 2015, a moratorium on
issuing fireworks manufacturer and wholesaler
licenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 505.44, 505.84, 3743.75, 4765.07,
4765.43, and 4766.03 be amended and sections 505.441 and 4765.011
of the Revised Code be enacted to read as follows:
Sec. 505.44. As used in this section:
(A) "Emergency medical service organization" has the same
meaning as in section 4765.01 of the Revised Code.
(B) "State agency" means all departments, boards, offices,
commissions, agencies, colleges, universities, institutions, and
other instrumentalities of this or another state.
In order to obtain the services of ambulance service
organizations, to obtain additional services from ambulance
service organizations in times of emergency, to obtain the
services of emergency medical service organizations, or, if the
township is located in a county with a population of forty
thousand or less, to obtain the services of nonemergency patient
transport service organizations, a township may enter into a
contract with one or more state agencies, townships, municipal
corporations, counties, nonprofit corporations, joint emergency
medical services districts, fire and ambulance districts, or
private ambulance owners, regardless of whether such state
agencies, townships, municipal corporations, counties, nonprofit
corporations, joint emergency medical services districts, fire and
ambulance districts, or private ambulance owners are located
within or outside the state, upon such terms as are agreed to by
them, to furnish or receive services from ambulance or emergency
medical service organizations or, if the township is located in a
county with a population of forty thousand or less, to furnish or
receive services from nonemergency patient transport service
organizations, or may enter into a contract for the interchange of
services from ambulance or emergency medical service organizations
or, if the township is located in a county with a population of
forty thousand or less, the interchange of services from
nonemergency patient transport service organizations, within the
several territories of the contracting parties, if the contract is
first authorized by the respective boards of township trustees,
the other legislative bodies, or the officer or body authorized to
contract on behalf of the state agency. Such contracts shall not
be entered into with a state agency or nonprofit corporation that
receives more than half of its operating funds from governmental
entities with the intention of directly competing with the
operation of other ambulance, emergency medical, or nonemergency
patient transport service organizations in the township unless the
state agency or nonprofit corporation is awarded the contract
after submitting the lowest and best bid to the board of township
trustees.
The contract may provide for a fixed annual charge to be paid
at the times agreed upon and stipulated in the contract, or for
compensation based upon a stipulated price for each run, call, or
emergency, or such terms as the elapsed time of service required
in such run, call, or emergency, or any combination thereof
parties may agree.
Any township wishing to commence providing or wishing to
enter into a contract for the first time to furnish or obtain
services from nonemergency patient transport service organizations
on or after March 1, 1993, including a township in which a private
provider has been providing the service, shall demonstrate the
need for public funding for the service to, and obtain approval
from, the state board of emergency medical services or its
immediate successor board prior to the establishment of a
township-operated or township-funded service.
Sec. 505.441. (A) As used in this section, "run" includes a
call and an emergency to which a contracting party responds under
a contract executed pursuant to section 505.44 of the Revised
Code.
(B) A township that enters into a contract with another party
for services pursuant to section 505.44 of the Revised Code may
provide in the contract that the contracting party shall collect
and retain any fee that the township may charge for each run
involving ambulance service, emergency medical service, or
nonemergency patient transport service. The contract shall require
that once each month, the contracting party shall provide the
township with a written report that shall include for the previous
month the number of runs the contracting party made in the
township, the amount that was billed for each run, and the amount
received for each run from the person that was billed for that
particular run. The report also shall include the total amount
collected that calendar year to date and the total amount
outstanding that calendar year to date.
Sec. 505.84. As used in this section, "authorized medicare
reimbursement rate" means such rate established for the locality
under Title XVIII of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended.
A board of township trustees may establish reasonable charges
for the use of fire and rescue services, ambulance services, or
emergency medical services. The board may establish different
charges for township residents and nonresidents, and may, in its
discretion, waive all or part of the charge for any resident. The
charge for ambulance transportation for nonresidents shall be an
amount not less than the authorized medicare reimbursement rate,
except that, if prior to September 9, 1988, the board had
different charges for residents and nonresidents and the charge
for nonresidents was less than the authorized medicare
reimbursement rate, the board may charge nonresidents less than
the authorized medicare reimbursement rate.
Charges Except as provided in section 505.441 of the Revised
Code, charges collected under this section shall be kept in a
separate fund designated as "the fire and rescue services,
ambulance services, and emergency medical services fund," and
shall be appropriated and administered by the board. The fund
shall be used for the payment of the costs of the management,
maintenance, and operation of fire and rescue services, ambulance
services, and emergency medical services in the township. If the
fire and rescue services, ambulance services, and emergency
medical services are discontinued in the township, any balance
remaining in the fund shall be paid into the general fund of the
township.
Sec. 3743.75. (A) During the period beginning on June 29,
2001, and ending on December 15, 2011 2015, the state fire marshal
shall not do any of the following:
(1) Issue a license as a manufacturer of fireworks under
sections 3743.02 and 3743.03 of the Revised Code to a person for a
particular fireworks plant unless that person possessed such a
license for that fireworks plant immediately prior to June 29,
2001;
(2) Issue a license as a wholesaler of fireworks under
sections 3743.15 and 3743.16 of the Revised Code to a person for a
particular location unless that person possessed such a license
for that location immediately prior to June 29, 2001;
(3) Except as provided in division (B) of this section,
approve the geographic transfer of a license as a manufacturer or
wholesaler of fireworks issued under this chapter to any location
other than a location for which a license was issued under this
chapter immediately prior to June 29, 2001.
(B) Division (A)(3) of this section does not apply to a
transfer that the state fire marshal approves under division (F)
of section 3743.17 of the Revised Code.
(C) Notwithstanding section 3743.59 of the Revised Code, the
prohibited activities established in divisions (A)(1) and (2) of
this section, geographic transfers approved pursuant to division
(F) of section 3743.17 of the Revised Code, and storage locations
allowed pursuant to division (I) of section 3743.04 of the Revised
Code or division (G) of section 3743.17 of the Revised Code are
not subject to any variance, waiver, or exclusion.
(D) As used in division (A) of this section:
(1) "Person" includes any person or entity, in whatever form
or name, that acquires possession of a manufacturer or wholesaler
of fireworks license issued pursuant to this chapter by transfer
of possession of a license, whether that transfer occurs by
purchase, assignment, inheritance, bequest, stock transfer, or any
other type of transfer, on the condition that the transfer is in
accordance with division (D) of section 3743.04 of the Revised
Code or division (D) of section 3743.17 of the Revised Code and is
approved by the fire marshal.
(2) "Particular location" includes a licensed premises and,
regardless of when approved, any storage location approved in
accordance with section 3743.04 or 3743.17 of the Revised Code.
(3) "Such a license" includes a wholesaler of fireworks
license that was issued in place of a manufacturer of fireworks
license that existed prior to June 29, 2001, and was requested to
be canceled by the license holder pursuant to division (D) of
section 3743.03 of the Revised Code.
Sec. 4765.011. (A) With respect to the following individuals
who receive certificates to practice issued under this chapter,
all of the following apply:
(1) A first responder shall be also known as an emergency
medical responder or EMR;
(2) An emergency medical technician-basic or EMT-basic shall
be also known as an emergency medical technician or EMT,
respectively;
(3) An emergency medical technician-intermediate or EMT-I
shall be also known as an advanced emergency medical technician or
AEMT, respectively.
(B) With respect to the provisions of this chapter and all
other provisions of the Revised Code that refer to the individuals
specified in division (A) of this section, all of the following
apply:
(1) A reference to a first responder is deemed to be a
reference to an emergency medical responder or EMR;
(2) A reference to an emergency medical technician-basic or
EMT-basic is deemed to be a reference to an emergency medical
technician or EMT, respectively;
(3) A reference to an emergency medical
technician-intermediate or EMT-I is deemed to be a reference to an
advanced emergency medical technician or AEMT, respectively.
Sec. 4765.07. (A) The state board of emergency medical
services shall adopt rules under section 4765.11 of the Revised
Code to establish and administer a grant program under which
grants are distributed according to the following priorities:
(1) First priority shall be given to emergency medical
service organizations for the training of personnel, for the
purchase of equipment and vehicles, and to improve the
availability, accessibility, and quality of emergency medical
services in this state. In this category, the board shall give
priority to grants that fund training and equipping of emergency
medical service personnel.
(2) Second priority shall be given to entities that research,
test, and evaluate medical procedures and systems related to adult
and pediatric trauma care.
(3) Third priority shall be given to entities that research
the causes, nature, and effects of traumatic injuries, educate the
public about injury prevention, and implement, test, and evaluate
injury prevention strategies.
(3) Third (4) Fourth priority shall be given to entities that
research, test, and evaluate procedures that promote the
rehabilitation, retraining, and reemployment of adult or pediatric
trauma victims and social service support mechanisms for adult or
pediatric trauma victims and their families.
(4) Fourth (5) Fifth priority shall be given to entities that
research, test, and evaluate medical procedures related to adult
and pediatric trauma care conduct research on, test, or evaluate
one or more of the following:
(a) Procedures governing the performance of emergency medical
services in this state;
(b) The training of emergency medical service personnel;
(c) The staffing of emergency medical service organizations.
(6) For grants distributed for the grant award years
occurring not later than the award year ending June 30, 2017,
sixth priority shall be given to entities that operate paramedic
training programs and are seeking national accreditation of the
programs.
(B) To be eligible for a grant distributed pursuant to
division (A)(6) of this section, an applicant for the grant shall
meet all of the following conditions:
(1) Hold a certificate of accreditation issued by the board
under section 4765.17 of the Revised Code to operate a paramedic
training program;
(2) Be seeking initial national accreditation of the program
from an accrediting organization approved by the board;
(3) Apply for the national accreditation on or after February
25, 2010.
(C) The grant program shall be funded from the trauma and
emergency medical services grants fund created by section 4513.263
of the Revised Code.
Sec. 4765.43. (A) A person who drives an ambulance that is
equipped for emergency medical services, is not required by this
chapter to be certified as an emergency medical technician-basic,
emergency medical technician-intermediate, or emergency medical
technician-paramedic.
(B)(1) During each emergency run made by an ambulance that is
equipped for emergency medical services and is operated by an
emergency medical service organization that does not utilize any
volunteer emergency medical service providers or does not
substantially utilize those providers During each emergency run
made by an ambulance that is equipped for emergency medical
services, the emergency medical service organization operating the
ambulance shall staff the ambulance in accordance with this
section.
For purposes of determining the applicable staffing
requirements, both of the following apply:
(1) An emergency run consists of components that are
distinguished between the period during which the ambulance is
traveling to the scene of an emergency and, if applicable, the
period during which the ambulance is transporting a patient from
the scene of the emergency.
(2) In the case of an emergency medical service organization
that utilizes a combination of volunteer and paid first
responders, emergency medical service technicians-basic, emergency
medical service technicians-intermediate, or emergency medical
service technicians-paramedic, the organization is considered to
be substantially utilizing volunteers in a particular week when
the paid individuals, taken as a whole, are scheduled for a total
of not more than one hundred ninety-two hours in that week.
(B) With respect to the driver of an ambulance during an
emergency run, both of the following apply:
(1) The driver must be at least eighteen years of age.
(2) The driver must hold a certificate issued under section
4765.30 of the Revised Code to practice as a first responder,
EMT-basic, EMT-I, or paramedic or a fire training certificate
issued pursuant to section 4765.55 of the Revised Code to provide
services as a firefighter.
(C) With respect to the component of an emergency run during
which the ambulance is traveling to the scene of the emergency,
the ambulance shall be staffed by at least one EMT-basic, EMT-I,
or paramedic. This individual may serve as the driver.
(D) With respect to the component of an emergency run during
which a patient is being transported, the ambulance shall be
staffed as follows:
(1) If the emergency medical service organization utilizes
only paid individuals or utilizes volunteers on a basis that is
not considered to be substantially utilizing volunteers, the
ambulance shall be staffed by at least two EMTs-basic, EMTs-I, or
paramedics. When an ambulance is so staffed, it may be driven by a
person who is not certified as an EMT-basic, EMT-I, or paramedic
One of these individuals may serve as the driver.
(2) During each emergency run made by an ambulance that is
equipped for emergency medical services and is operated by an
If
the emergency medical service organization that is substantially
utilizes volunteer emergency medical service providers utilizing
volunteers or utilizes only volunteers, the ambulance shall be
staffed by at least two EMTs-basic, EMTs-I, or paramedics or by at
least one first responder and one EMT-basic, EMT-I, or paramedic.
When an ambulance is so staffed, it may be driven by a person who
is not certified as a first responder, EMT-basic, EMT-I, or
paramedic. If circumstances so require, an ambulance that is
staffed by only one first responder and one EMT-basic, EMT-I, or
paramedic may be driven by the first responder who is staffing the
ambulance with the EMT-basic, EMT-I, or paramedic One of these
individuals may serve as the driver, but if the staffing
requirement is being met by utilizing a first responder, the first
responder shall serve as the driver.
(C) For purposes of division (B) of this section, an
emergency medical service organization substantially utilizes
volunteer emergency medical service providers if, on any given
date, for the six-month period immediately prior to that date, the
organization's daily average number of hours during which the
organization used only volunteer first responders, volunteer
EMTs-basic, volunteer EMTs-I, or volunteer paramedics, or a
combination of such volunteers, was fifty per cent or more of the
daily average number of hours that the organization made emergency
medical services available to the public.
Sec. 4766.03. (A) The Ohio medical transportation board
shall adopt rules, in accordance with Chapter 119. of the Revised
Code, implementing the requirements of this chapter. The rules
shall include provisions relating to the following:
(1) Requirements for an emergency medical service
organization to receive a permit for an ambulance or nontransport
vehicle;
(2) Requirements for an emergency medical service
organization to receive a license as a basic life-support,
intermediate life-support, advanced life-support, or mobile
intensive care unit organization;
(3) Requirements for a nonemergency medical service
organization to receive a permit for an ambulette vehicle;
(4) Requirements for a nonemergency medical service
organization to receive a license for an ambulette service;
(5) Requirements for an air medical service organization to
receive a permit for a rotorcraft air ambulance or fixed wing air
ambulance;
(6) Requirements for licensure of air medical service
organizations;
(7) Forms for applications and renewals of licenses and
permits;
(8) Requirements for record keeping of service responses made
by licensed emergency medical service organizations;
(9) Fee amounts for licenses and permits, and their renewals;
(10) Inspection requirements for licensees' vehicles or
aircraft, records, and physical facilities;
(11) Fee amounts for inspections of ambulances, ambulettes,
rotorcraft air ambulances, fixed wing air ambulances, and
nontransport vehicles;
(12) Requirements for ambulances and nontransport vehicles
used by licensed emergency medical service organizations, for
ambulette vehicles used by licensed nonemergency medical service
organizations, and for rotorcraft air ambulances or fixed wing air
ambulances used by licensed air medical service organizations that
specify for each type of vehicle or aircraft the types of
equipment that must be carried, the communication systems that
must be maintained, and the personnel who must staff the vehicle
or aircraft;
(13) The level of care each type of emergency medical service
organization, nonemergency medical service organization, and air
medical service organization is authorized to provide;
(14) Eligibility requirements for employment as an ambulette
driver, including grounds for disqualification due to the results
of a motor vehicle law violation check, chemical test, or criminal
records check. The rule may require that an applicant for
employment as an ambulette driver provide a set of fingerprints to
law enforcement authorities if the applicant comes under final
consideration for employment.
(15) Any other rules that the board determines necessary for
the implementation and enforcement of this chapter.
(B) In the rules for ambulances and nontransport vehicles
adopted under division (A)(12) of this section, the board may
establish requirements that vary according to whether the
emergency medical service organization using the vehicles is
licensed as a basic life-support, intermediate life-support,
advanced life-support, or mobile intensive care unit organization.
(C) A mobile intensive care unit that is not dually certified
to provide advanced life-support and meets the requirements of the
rules adopted under this section is not required to carry
immobilization equipment, including board splint kits, traction
splints, backboards, backboard straps, cervical immobilization
devices, cervical collars, stair chairs, folding cots, or other
types of immobilization equipment determined by the board to be
unnecessary for mobile intensive care units.
A mobile intensive care unit is exempt from the emergency
medical technician staffing requirements of division (B) of
section 4765.43 of the Revised Code when it is staffed by at least
one physician or registered nurse and another person, designated
by a physician, who holds a valid license or certificate to
practice in a health care profession, and when at least one of the
persons staffing the mobile intensive care unit is a registered
nurse whose training meets or exceeds the training required for a
paramedic.
Section 2. That existing sections 505.44, 505.84, 3743.75,
4765.07, 4765.43, and 4766.03 and section 4765.431 of the Revised
Code are hereby repealed.
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